- 1. One or more adults may petition the district court of any county in this State for leave to adopt a child. Each prospective adoptive parent and each agreeing parent seeking to retain parental rights must be a joint petitioner and agree to the adoption.
- 2. Except as otherwise provided in subsection 5, a married person not lawfully separated from a spouse may not adopt a child without the agreement of the spouse, if such spouse is capable of giving such agreement to the adoption.
3. If a spouse agrees to an adoption as described in subsection 2, such agreement does not establish any parental rights or responsibilities on the part of the spouse unless the spouse:
(a) Has, in a writing filed with the court, agreed to:
- (1) Adopting the child; and
- (2) Establishing parental rights and responsibilities; and
- (b) Is named as an adoptive parent in the order of adoption.
- 4. The court shall not name a spouse who agrees to an adoption as described in subsection 2 as an adoptive parent in an order of adoption unless the spouse has filed a writing with the court as described in paragraph (a) of subsection 3.
- 5. The court may dispense with the requirement for the agreement of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to agree. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order of adoption.
- 6. The court may waive the hearing on the petition.
- 7. The court may determine that a child has a legal relationship with more than two persons who petition for the adoption of the child pursuant to this section.
(Added to NRS by 2025, 1509)